§ 24.05 Variance Runs With Land
(from New Hampshire Practice, Vol. 15, Land Use Planning and Zoning, Third Edition, Atty. Peter J. Loughlin)
§ 24.05 Variance Runs With Land
A variance runs with the land and passes with the land to a subsequent purchaser. [25] By definition, a variance is granted with respect to a piece of property and not with respect to the personal needs, preferences, and circumstances of a property owner. Once granted, a variance can be enjoyed by both present and subsequent owners of the land. [26]
A board of adjustment may feel confident about "the good reputation, capacity, and reliability of a particular" applicant; however, land controls "apply to the land and not to the individuals." [27] Thus, the relief granted by the board cannot be limited to a particular individual nor can it be limited to a specific period of years. [28]
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